Two top courts at loggerheads

The Supreme Court of Appeals has decided to file criminal complaints against members of the Constitutional Court over a profound disagreement on the case of imprisoned Workers' Party of Türkiye (TİP) lawmaker Can Atalay, in a first and unprecedented legal dispute in the history of the Turkish judiciary.

The Constitutional Court has recently ruled that the "right to be elected" and "personal freedom and security" rights of Atalay, who was imprisoned over alleged links to the 2013 Gezi Park protests, were breached. The violation of rights decision was widely anticipated to lead to Atalay's release. Atalay, sentenced to 18 years in prison last year in connection with his involvement in the nationwide protests, was elected to the parliament in the May elections from the southern province of Hatay but remained in detention.

However, the local court opted to forward the case file to the Supreme Court of Appeals' Chief Public Prosecutor's Office.

In a unanimous and historically significant 23-page ruling, the Court of Appeals has ruled to disregard a Constitutional Court decision for the first time, refusing to comply with the violation decision and release order regarding Atalay. Instead, they have mandated that Atalay's case be forwarded to the parliament for deliberation on his parliamentary membership's termination. This unprecedented situation has raised concerns about a crisis between the two highest courts in the country.

The Court of Appeals declared its intention to file criminal complaints against nine Constitutional Court members, including the head of the court, judge Zühtü Aslan.

The parliament's consultative council is set to convene on Nov. 9 at 4 p.m. to discuss the developments related to the unprecedented criminal...